Case: 22-50985 Document: 00516703504 Page: 1 Date Filed: 04/06/2023

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 22-50985 consolidated with FILED No. 22-50989 April 6, 2023 _____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Enrique Lopez-Cristobal, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:22-CR-518-1, 4:22-CR-527-1 ______________________________ Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam: * Defendant-Appellant Enrique Lopez-Cristobal appeals his sentence and challenges as unconstitutional, for his first time on appeal, the district court’s application of the enhanced penalty range in § 1326(b). He contends that such an application permits a sentence above the statutory maximum of § 1326(a) based on a prior conviction that was not alleged in the indictment _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50985 Document: 00516703504 Page: 2 Date Filed: 04/06/2023

No. 22-50985 c/w No. 22-50989 or found by a jury beyond a reasonable doubt. He raises that issue to preserve it for further review and has filed an unopposed motion for summary disposition, conceding that the issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). We separately note that, because Defendant- Appellant’s brief does not address either his revocation or the revocation sentence, he abandons any challenge to that judgment. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). 1 Defendant-Appellant’s motion for summary disposition is granted.

The district court’s judgment is affirmed.

_____________________ Defendant-Appellant’s appeal of his sentence imposed following his guilty plea conviction for illegal reentry is consolidated here with his appeal of the judgment revoking the term of supervised release he was serving at the time of the offense.